How to Appeal a VA Rating Decision: Your Three Options Explained

Receiving a VA rating decision that denies your claim or assigns a lower rating than you believe reflects your actual disability level is frustrating. It is also common. More importantly, it is not final. The VA's Appeals Modernization Act created three distinct appeal pathways. Choosing the right one depends on your situation.

The three appeal lanes

The Supplemental Claim lane, the Higher-Level Review lane, and the Board of Veterans Appeals lane are three separate paths. You can only pursue one at a time for each issue, but you can switch lanes at each decision point.

Supplemental Claims

A Supplemental Claim is appropriate when you have new and relevant evidence that was not part of your original claim. New means the evidence did not previously exist or was not submitted. Relevant means it addresses the basis for the denial.

Common new evidence includes a new nexus letter from a treating physician, additional medical records documenting the severity of your condition, a buddy statement providing firsthand witness testimony, or a new diagnosis of a condition related to the original claim.

The VA must review a Supplemental Claim within 125 days under standard processing goals. A decision in your favor on a Supplemental Claim preserves your original filing date for effective date purposes, which can result in significant back pay.

Higher-Level Review

A Higher-Level Review asks a senior VA adjudicator to review your file for errors of fact or law without new evidence. You cannot submit new evidence in a Higher-Level Review. This lane is appropriate when you believe the original decision was wrong based on the evidence already in your file, not because evidence was missing.

You can request an informal conference during a Higher-Level Review. This is a phone call with the reviewing adjudicator where you or your representative can identify the specific errors you believe were made. This call is often the most effective way to resolve straightforward rating errors.

Board of Veterans Appeals

A Board appeal goes to a Veterans Law Judge at the Board of Veterans Appeals in Washington, D.C. or by videoconference. There are three Board appeal options: direct review by a judge with no hearing and no new evidence, evidence submission with no hearing, and a full hearing with new evidence.

Board appeals take longer than the other lanes but are appropriate for complex legal or factual disputes that require judicial-level review. Board decisions have well-developed precedent and appeal to the Court of Appeals for Veterans Claims is available after Board decisions.

Which lane to choose

Choose Supplemental Claim if you have new evidence. Choose Higher-Level Review if you believe the evidence already in your file supports a better outcome and you want a faster review. Choose Board appeal if you have a complex legal argument or want a hearing with a judge.

You can file a Supplemental Claim after a Higher-Level Review denial and vice versa. You can always go to the Board after either.

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Bill Advantage is a document literacy tool. Nothing in this article constitutes legal or medical advice.